WHITE PLAINS, N.Y. (Legal Newsline) — A class action against the makers of Parrot Bay Rum, Southern Comfort Whiskey and other brands claims it deceivingly markets the alcohol volume in their "malt drinks."
Cindy Koonce filed suit on May 24 in the U.S. District Court for the Southern District of New York against Sazerac Company Inc., alleging violation of New York General Business Law and other claims.
Koonce alleges in her class action that Sazerac's liquor brands such as Southern Comfort whiskey, Fireball whiskey, Wheatley Vodka, Romana Sambuca and Parrot Bay Rum do not have the alcohol by volume (ABV) as advertised. Specifically, Koonce claims Sazerac's "Parrot Bay Malt Beverage," which she purchased at various convenience stores and gas stations in the Newburgh, New York, area, has a lower than 20% ABV when consumers rely on its representations that it is true Parrot Bay Rum.
She alleges that Sazerac uses its well-known brand such as Parrot Bay to "dupe" consumers into buying "malt beverages" at a premium price and get a product they believe to be genuine when it is fake. She further alleges if Sazerac had advertised the malt truthfully and in a "non-misleading fashion," she and other consumers would not have purchased the products.
Koonce and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Charles Moore of Reese LLP in Minneapolis, Michael Reese of Reese LLP in New York City and Kevin Laukaitis of Laukaitis Law PLLC in San Juan, Puerto Rico.
U.S. District Court for the Southern District of New York case number 7:23-CV-04323